Three new Associate members for IFRRO
IFRRO welcomes three new associate members, following approval of their applications at the IFRRO Board meeting in Geneva on 28 and 29 January 2010. The China Written Works Copyright Society (CWWCS) is a CMO that administers reproduction rights, the Press Database and Licensing Network (PDLN) is an International Organisation and the Georgian Authors Society (SAS) is an Authors' Association. This brings the IFRRO membership to 122 members, of which 57 RRO members and 65 Associate members.
EU Trio Presidencies Spain, Belgium and Hungary to focus on digitisation and orphan works
EU Trio Presidencies Spain, Belgium and Hungary have agreed on a joint 18-month programme, beginning in January 2010. Inter alia, they announced in their draft programme to pay special attention to the Commission proposals in the field of copyright aimed at fostering digitisation of copyright-protected material. The Presidencies are also looking forward to commencing work on Commission initiatives regarding protection of orphan works.
ENPA is recruiting Executive Director
After having worked for several years for the European Newspaper Publishers' Association (ENPA), its current Executive Director will leave the organisation by the end of June 2010.
ENPA is in the process of recruiting until 12 February 2010. More information can be found at www.enpa.be
German agreement on remuneration for PCs
VG WORT, VG Bild-Kunst and the collecting societies represented by the ZPÜ have achieved an agreement concerning the copyright remuneration for private copying with PCs. The agreement follows lengthy negotiations with industry.
IFRRO makes submission on EC consultation "EU 2020: A new strategy to make the EU a smarter, greener social market"
On 14 January 2010, IFRRO submitted a position paper on the European Commission consultation on "EU 2020". The Commission intends to hear views on some suggested broad policy considerations for the future EU2020 strategy, which are contained in the consultation document. IFRRO limited its comments to Intellectual Property Rights (IPR) related questions. The main points made are the following :
1. Providing access to Intellectual Property in education and research: Intellectual Property is indis¬pensable to knowledge, edu¬cation and research. Throughout the EU, there are purchase opportunities, individual licensing schemes and collective management services available, adapted and especially suited for dealing with access to text- and image-based works for teaching and research purposes
2. Fully exploiting the Single Market; Cross-border access to content: Current legislation is of no hindrance to the development of multi-territorial solutions. In the text- and image-based works sector there are business models, channels and licensing mechanisms which allow broad access to works in a variety of forms and formats, both nationally and across borders.
3. Business model development requires stable framework conditions: The European copyright legislative framework is well-equipped to foster innovation in the knowledge-based economy sectors. It also provides the necessary conditions to encourage related uses. There is therefore no need for additional Community rules to foster cross-border access to text- and image-based content.
4. Efficient protection of rights promotes business model development in the IP sectors: The establishment of a sustainable legal offer of content, reflecting the cultural diversity of the European written sector, can only take place in an environment ensuring the full respect of copyright.
5. A well-functioning IPR system: The current European and international legal framework offers sufficient flexibility and a workable equilib¬rium between the rights of copyright holders and the interests of users to address challenges posed by changing technological environments. Focus needs to be on the application of the existing framework and the deployment of solutions available.
6. Efficient and transparent rights management: It is in the interest of both rightholders and users that there is a maximum of transparency around rights management. The IFRRO Board has adopted a Code of Conduct, principles for exchangeable mandates between RROs and basic criteria to comply with when soliciting negotiations of agreements with other RROs, in which transparency and information exchange are key elements.
Barnier intends to adapt European intellectual property rights (IPR) strategy to meet new challenges
The European Parliament (EP) elects the new Commission. From 11-19 January 2010, the candidates are answering questions from Members of the European Parliament (MEPs) to assess their abilities in a series of hearings. The EP committees' evaluations will then be examined by the Parliament's President and political group leaders.
In yesterday's (13 January 2010) public hearing of Commissioner-designate Michel Barnier (candidate for DG Internal Market and Services), Barnier put special weight behind developing a strict copyright law to protect both consumers and rightholders. Enforcement is likely to be on his agenda. In addition to negotiating with the World Trade Organisation (WTO), Barnier stated he would like to engage in talks with the US on the proposed Anti-Counterfeiting Trade Agreement (ACTA) to combine efforts against counterfeiting and piracy.
In his written answers to the Parliament, Barnier highlights that he intends to adapt the European intellectual property rights (IPR) strategy to meet new challenges and to reinforce the IPR legal framework, which will be further supported by the Counterfeiting and Piracy Observatory. He further states being in favour of an exhaustive and consistent framework for copyright law which will enable the EU to meet new challenges such as digitisation.
GESAC regrets DIGITAL EUROPE'S unilateral decision to abandon
talks on private copying levies
GESAC expressed its surprise on 7 January 2010, having learnt through a press release on Digital Europe's website that ICT industry representatives had unilaterally decided to abandon talks on private copying levies. EurActiv.com also reported about Digital Europe's position in an article on 8 January 2010, which indicates that the private copying discussions reached a standstill.
In a press release (attached), GESAC stated that the announcement was totally unexpected, given that a meeting was to be held in January to finalise a first set of recommendations and agree on a roadmap for future discussions. An EU stakeholder platform on private copying levies has been ongoing since July 2008.
Spanish EU Presidency intends to tackle digital copyright and online piracy in 2010
A pan-European or 'multi-territory' licensing system for online music and films is gaining momentum as the Spanish EU Presidency intends to tackle digital copyright and online piracy in 2010. According to online sources (http://www.euractiv.com/en/infosociety/eu-pushes-single-online-music-licensing/article-188665), digital rights management is high on the new Spanish Presidency's agenda and will likely be discussed by the EU's 27 telecoms ministers at their meeting in Madrid in May.
IFRRO makes submission on EC consultation "Creative Content Online"
On 5 January 2010, IFRRO submitted a position paper on the European Commission's consultation "Creative Content Online". The consultation addresses the role of legal online markets and explores a variety of copyright management models. IFRRO limited its comments on the possible EU actions for a Single Market for creative content online to those matters which are most relevant to the IFRRO community, focusing on the text- and image-based sector.
1. Text- and image-based sector, digitisation and making available: The publishing sector differs from the music and audiovisual sectors in its functioning and the state of the online market. In addressing the issue of digitisation, distinction needs to be made between the respective sectors.
2. Collective management of rights: Also collective management requires a sector-based approach. In the text- and image-based sector, the main activities of the RROs are linked to the administration of secondary uses of rights.
3. Consumer access: Legal access to intellectual property is provided through direct licensing by rightholders (publishers and authors) or through collective licensing through RROs, when authors or publishers cannot or do not want to licence directly themselves. The current legislation offers an adequate legal framework to work out practicable solutions for the digitisation and making available of copyright works by libraries.
4. Commercial users' access: For the text and image based sector, current legislations are of no hindrance to the development of multi-territorial solutions. Also, the publication of books, journals, newspapers and the like is to a large extent language-dependent.
5. Protection of rightholders: IFRRO welcomes the Reflection Document's acknowledgement that the development of business models to enable appropriate access to copyright works requires adequate protection of rightholders. Collaboration with Internet Service Providers (ISPs) to address copyright infringement and enforcement issues is welcome.
EU launches 2020 strategy for smarter, greener social market
EU President Barroso launched, on 24 November 2009, a consultation on "EU 2020: a new strategy to make the EU a smarter, greener social market".The European Commission will present a formal proposal for the EU 2020 strategy early next year, with a view to the EU's Heads of State and government adopting it at their spring 2010 meeting. In the meantime, the Commission has invited views on some suggested broad policy considerations for the future EU2020 strategy, which are contained in the consultation document. Contributions can be sent by 15 January 2010.
IFRRO is currently examining whether a submission would be appropriate.
Amended Google Book Settlement: Final Supplemental Notice in English, and next steps
On November 19, 2009, the US Court granted preliminary approval of the Amended Google Book Settlement. The Court also approved a Supplemental Notice to authors, publishers and other book rightholders. The Supplemental Notice is not designed to replace the original Notice, but rather, to supplement that Notice. It summarises the changes from the original Google Book Settlement Agreement and identifies the book rightholders' rights under the Amended Settlement. The Supplemental Notice is currently available in English (attached) but translations will be available by 14 December 2009, when the Supplemental Notice will be formally distributed by the Notice Provider. Also, the Court will hold a Fairness Hearing on February 18, 2010, to consider whether the Amended Settlement is fair, adequate and reasonable. Further information is available on www.googlebooksettlement.com.
Google Book Settlement: Amended Settlement Agreement Filed
On November 13, 2009, the parties in Authors Guild, et al. v. Google Inc. have filed an amendment to the Original Settlement in response to discussions with the United States Department of Justice and objections to the Original Settlement. The Amended Settlement Agreement, awaiting Court approval, may be found at http://www.googlebooksettlement.com.
Also downloadable from this website is the Supplemental Notice, which, if approved, will be sent out by the Notice Provider in early December 2009. It is not designed to replace the original Notice, but to supplement that Notice. We would advise you not to disseminate the Supplemental Notice yet, but wait until it has been approved by the Court to be circulated in early December.
The deadline to claim Books and Inserts for Cash Payments has been extended from January 5, 2010 to March 31, 2011. The Removal deadline as to Google has been extended from April 5, 2011 to March 9, 2012. (The Removal deadline as to the libraries' digital copies remains April 5, 2011.)
EU launches Public Consultation on "Creative Content Online"
A new EU consultation paper outlines the content online-related challenges for three groups of stakeholders – rightholders, consumers and commercial users – in order to start a reflection on possible European responses. With this public consultation the Commission's services wish to launch "a wide-ranging debate on how to develop vibrant online markets for goods and services protected by intellectual property rights". The consultation addresses the role of legal online markets and explores a variety of copyright management models. A Reflection Document of DG INFSO and DG MARKT is also available. The deadline for responses is 5 January 2010. IFRRO is preparing a submission.